Judge: Rafael A. Ongkeko, Case: 19STCV09554, Date: 2022-08-26 Tentative Ruling

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Case Number: 19STCV09554    Hearing Date: August 26, 2022    Dept: D

Hearing date:  8/26/22

Santa Monica, Dept. D

Rafael Ongkeko, Judge presiding

Laura Navarette v. Cassandra Breeden (19STCV09554)

Counsel for Plaintiff Laura Christine Navarette:  Wilshire Law Firm (by Gail Richardson and Seungjai Oh)

Counsel for Defendant Cassandra Diana Breeden:  Mark R. Weiner & Associates (by El Mahdi Young)

MOTION BY DEFENDANT TO TAX PLAINTIFF’S COSTS (filed 7/14/22)

TENTATIVE RULING: 

Defendant Breeden’s motion to tax Plaintiff’s costs is GRANTED IN PART; DENIED IN PART. See ruling below re specific cost items.  Total amount allowed for costs:  $34,245.35.

If adopted after the hearing, the tentative ruling(s) shall suffice as the Order(s) thereon. 

DISCUSSION

After approximately five days of trial testimony, on 6/7/22, the jury rendered its special verdict in favor of Plaintiff and awarded damages against Defendant Breeden.  

Before the court is Defendant’s motion to tax Plaintiff’s costs.

Prevailing party.  There is no dispute that Plaintiff is the prevailing party and is entitled to seek costs as allowed by law. (CCP § 1032(b))

Timeliness.  No issues.  Plaintiff’s memorandum was filed and served before entry of judgment, premature, but not disqualifying.  Defendant’s subsequent motion to tax was also filed timely.

Disputed costs

The court addresses the disputed categories by number as reflected in the cost memorandum Summary sheet, with reference to the corresponding item in the attached Worksheets.  Additionally, within each such category, the court will address only the specific cost item Defendant claims should be taxed after taking into consideration the radical adjustments and corrections Plaintiff herself noted in her opposition papers. 

1.      Filing and motion fees ($2,564.22, per Plaintiff’s opposition, not $3,734.95)

The court allows $2,526.22 based on the receipts submitted in Plaintiff’s Exhibit 4.   The defense’s grounds for taxing these filings are not well-taken. 

Total amount allowed in Item 1:  $2,526.22.

4.      Deposition costs ($19,976.21, per Plaintiff’s opposition, not $43,689.07)

·       Patel and Mobin depos:  Allow in full ($646.60 + 676.30)= $1,322.90.

·       Trial transcripts (6/1 and 6/6/22):  Tax $341.55 and $269.50.  Not court-ordered.

·       Lawrence Harter (2 vols; incl. videotape):  Allow $3,459.40.

·       Agnes Grogan (2 vols; incl. videotape):  Allow $2,793.38.

·       Jennifer Sohal:  Allow three depos:  $1,388.34 (7/24/20 depo, late charge excluded); $3,477.94 (5/10/22 depo); and $1,262.65 (5/26/22 depo):  Allow $6,128.93 for 3 depos.  Tax $905.31 for purported 7/14/20 depo, incl. late charge.

·       Pasquale Montesano:  Allow $3,467.15.

·       Cassandra Cooper (Breeden):  Tax in its entirety.  (Not in original cost memorandum)

Total amount allowed in Item 4:  $17,171.76. 

5.      Service of process ($2,467.75 per oppn., at 6:22); or $2967.74 per Richardson declaration, ¶4).

As Defendant points out, there was no initial request for these costs under this Item 5.  Instead, they appeared under Item 1, Filing/motion fees.  The court will assume the Richardson declaration has the correct amount ($2967.74), but the court has not added up the actual invoices.  Unless the parties prefer to meet and confer and calculate the invoices submitted, the court allows these costs in their entirety with the exception of the unexplained out-of-state charge of $185. for Rothman.

Total amount allowed in Item 5 (as categorized in Plaintiff’s opposition): $2,782.74.

8.      Witness fees

Plaintiff’s opposition does not address this item.  It is deemed conceded.  The court taxes $79,950.00 from Item 8.  Total amount allowed in Item 8:  Zero.

11.  Court reporter fees as established by statute (Item #12 on Worksheet)

Plaintiff’s opposition does not address this item.  It is deemed conceded.  The court taxes $3,806.00 from Item 11. Total amount allowed in Item 11:  Zero.

12.  Models, enlargements, and photocopies of exhibits (Item #11 on Worksheet)- Animations, exhibit binders, and photocopies ($40,459.00, reduced to $29,720.73 in Plaintiff’s oppn.):

The court allows costs of the binders and related materials ($3,989.25).  The court taxes the animation costs relating to the accident reconstruction as not reasonably necessary ($7700), but allows as reasonably necessary the mechanism of injury animations ($7600), whether admitted or not.    CCP § 1033.5(a)(13); (c)(2),(3).  Other costs submitted in Plaintiff’s Exhibit 2 are disallowed as duplicative (Montesano, $1,681.50) or unexplained (FedEx 3/8/22, $45.16; Pattel Ortho 5/18/22, $41.40).   The $175.38 for messenger service on 5/20/22 to the Spring Street courthouse appears related to the trial binders and is allowed.

Total amount allowed for Item 12 (Item 11 on worksheet): $11,764.63.

16.  Other:

·       16a. Courier ($564.16)/Mileage/Parking ($488) and Lodging/Meals (amended amount per opposition, $1,355.77):  Lodging/meals expenses are neither reasonable nor necessary given counsel’s residence within L.A. County, the only hardship appearing to be the inconvenience of a longer commute due to traffic.  Plaintiff’s opposition does not address the other costs originally claimed and are deemed withdrawn.  The court taxes $3,795.95 ($3,731.79 + $564.16) from Item 16.

·       16a.  Interest.  GRANT.  The court taxes $98.64 from Item 16.

·       16a.  Other-Copies/Subpoenas ($10,802.11):  Plaintiff’s opposition does not address this item.  It is deemed conceded.  The court taxes $10,802.11 from Item 16.

Total amount allowed in Item 16 (Other):  Zero. 

Based on the above taxed items, the court finds that the allowable reasonable and necessary costs are as follows:

$2,526.22 (Item 1) +  $17,171.76 (Item 4) + $2,782.74 (Item 5) + $11,764.63 (Item 12; Item 11 on worksheet) = $34,245.35 to be assessed against Defendant and included in the modified judgment.

IT IS SO ORDERED.

DATED:

                     ________________________________

                          RAFAEL A. ONGKEKO

                     JUDGE OF THE SUPERIOR COURT